Shiv Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18417 of 2015 ====================================================== Shiv Kumar S/o Sri Braj Nandan Singh Resident of Village - Katamala, P.O. - Katarmala, P.S. and Block - Dandari, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Home Special Department, Govt. of Bihar, Old Secretariat, Patna.

3.

The Director General-Cum-Commandant General, Bihar Home Guards, Patna.

4.

The District Magistrate, Begusarai, District - Begusarai. 5.

The District Commandant, Home Guards, Begusarai, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Kumar Pandey, Advocate For the Respondent/s :

Mr.Sharad Kumar Sinha- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2023 1.

The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of writ in the nature of mandamus commanding/ directing the respondents to hold medical review of the petitioner which was not considered on the ground that he had not filed objection/request for medical review within the provided period i.e. from 27.07.2015 to 29.07.2015."

2.

At the outset, the learned counsel for the respondent-State has submitted by referring to paragraph no.12 of the counter affidavit, filed in the present case that the

Patna High Court CWJC No.18417 of 2015(2) dt.05-10-2023 2/2 petitioner was found unfit in the medical test, hence, he has not been selected as a Home Guard, a fact which has not been refuted by the petitioner, inasmuch as no rejoinder affidavit has been filed.

3.

Having regard to the aforesaid facts and circumstances of the case, I do not find any merit in the present writ petition, hence the same stands dismissed. (Mohit Kumar Shah, J) kanchan/- U